REPRESENTATIVES Womer Benjamin, Latta, Hughes, Seitz, Willamowski, Jones, Seaver, Jerse, Young, Metzger, Carey, Schmidt, Salerno, Lendrum, Schaffer, Reinhard, Widowfield, Manning, Olman, Kearns, Hagan, Core, Latell, Niehaus, Hollister, Distel, G. Smith, Flannery, Carmichael, Roman, Grendell, Cirelli, Carano, Ford, Clancy, Otterman, Kilbane, Sulzer, Oakar, Barrett, Schneider, Driehaus, Britton

To amend sections 2903.211, 2909.04, 2917.11, and

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2917.13 of the Revised Code to identify certain

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persons as "emergency facility personnel," to

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extend the offenses of disrupting public services

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and misconduct at an emergency to activities of

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emergency facility personnel, to increase the

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penalty for disorderly conduct if committed in the

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presence of an emergency facility person performing

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duties in an emergency facility, and to specify

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that "pattern of conduct" in menacing by stalking

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includes actions obstructing an emergency facility

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person's performance of authorized acts.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2903.211, 2909.04, 2917.11, and	13
2917.13 of the Revised Code be amended to read as follows:	14

Sec. 2903.211.  (A) No person by engaging in a pattern of	15
conduct shall knowingly cause another to believe that the offender	16
will cause physical harm to the other person or cause mental	17
distress to the other person.	18

(B) Whoever violates this section is guilty of menacing by	19
stalking.	20

(1) Except as otherwise provided in divisions (B)(2) and (3)	21
of this section, menacing by stalking is a misdemeanor of the	22
first degree.	23

(2) Menacing by stalking is a felony of the fourth degree if	24
any of the following applies:	25

(a) The offender previously has been convicted of or pleaded	26
guilty to a violation of this section or a violation of section	27
2911.211 of the Revised Code.	28

(b) In committing the offense, the offender made a threat of	29
physical harm to or against the victim.	30

(c) In committing the offense, the offender trespassed on	31
the land or premises where the victim lives, is employed, or	32
attends school.	33

(d) The victim of the offense is a minor.

34

(e) The offender has a history of violence toward the victim	35
or any other person or a history of other violent acts toward the	36
victim or any other person.	37

(f) While committing the offense, the offender had a deadly	38
weapon on or about the offender's person or under the offender's	39
control.	40

(g) At the time of the commission of the offense, the	41
offender was the subject of a protection order issued under	42
section 2903.213 or 2903.214 of the Revised Code, regardless of	43
whether the person to be protected under the order is the victim	44
of the offense or another person.	45

(h) In committing the offense, the offender caused serious	46
physical harm to the premises at which the victim resides, to the	47
real property on which that premises is located, or to any	48
personal property located on that premises.	49

(i) Prior to committing the offense, the offender had been	50
determined to represent a substantial risk of physical harm to	51
others as manifested by evidence of then-recent homicidal or other	52
violent behavior, evidence of then-recent threats that placed	53
another in reasonable fear of violent behavior and serious	54
physical harm, or other evidence of then-present dangerousness.	55

(3) If the victim of the offense is an officer or employee of	56
a public children services agency or a private child placing	57
agency and the offense relates to the officer's or employee's	58
performance or anticipated performance of official	59
responsibilities or duties, menacing by stalking is either a	60
felony of the fifth degree or, if the offender previously has been	61
convicted of or pleaded guilty to an offense of violence, the	62
victim of that prior offense was an officer or employee of a	63
public children services agency or private child placing agency,	64
and that prior offense related to the officer's or employee's	65
performance or anticipated performance of official	66
responsibilities or duties, a felony of the fourth degree.	67

(C) Section 2919.271 of the Revised Code applies in relation	68
to a defendant charged with a violation of this section.	69

(D) As used in this section:

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(1) "Pattern of conduct" means two or more actions or	71
incidents closely related in time, whether or not there has been a	72
prior conviction based on any of those actions or incidents.	73
Actions or incidents that prevent, obstruct, or delay the	74
performance by a public official, firefighter, rescuer, or	75
emergency medical services person, or emergency facility person of	76
any authorized act within the public official's, firefighter's,	77
rescuer's, or emergency medical services person's, or emergency	78
facility person's official capacity may constitute a "pattern of	79
conduct."	80

(2) "Mental distress" means any mental illness or condition	81
that involves some temporary substantial incapacity or mental	82
illness or condition that would normally require psychiatric	83
treatment.	84

(3) "Emergency medical services person" is the singular of	85
"emergency medical services personnel" as defined in section	86
2133.21 of the Revised Code.	87

(4) "Emergency facility person" is the singular of "emergency	88
facility personnel" as defined in section 2909.04 of the Revised	89
Code.	90

(5) "Public official" has the same meaning as in section	91
2921.01 of the Revised Code.	92

Sec. 2909.04.  (A) No person, purposely by any means or	93
knowingly by damaging or tampering with any property, shall do any	94
of the following:	95

(1) Interrupt or impair television, radio, telephone,	96
telegraph, or other mass communications service; police, fire, or	97
other public service communications; radar, loran, radio, or other	98
electronic aids to air or marine navigation or communications; or	99
amateur or citizens band radio communications being used for	100
public service or emergency communications;	101

(2) Interrupt or impair public transportation, including	102
without limitation school bus transportation, or water supply,	103
gas, power, or other utility service to the public;	104

(3) Substantially impair the ability of law enforcement	105
officers, firefighters, rescue personnel, or emergency medical	106
services personnel, or emergency facility personnel to respond to	107
an emergency or to protect and preserve any person or property	108
from serious physical harm.	109

(B) Whoever violates this section is guilty of disrupting	110
public services, a felony of the fourth degree.	111

(C) As used in this section:

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(1) "Emergency medical services personnel" has the same	113
meaning as in section 2133.21 of the Revised Code.	114

(2)"Emergency facility personnel" means any of the	115
following:	116

(a)Any of the following individuals who perform services in	117
the ordinary course of their professions in an emergency facility:	118

(i)Physicians authorized under Chapter 4731. of the Revised	119
Code to practice medicine and surgery or osteopathic medicine and	120
surgery;	121

(ii)Registered nurses and licensed practical nurses licensed	122
under Chapter 4723. of the Revised Code;	123

(iii)Physician assistants authorized to practice under	124
Chapter 4730. of the Revised Code;	125

(iv)Health care workers;

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(v)Clerical staffs.

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(b)Any individual who is a security officer performing	128
security services in an emergency facility;	129

(c)Any individual who is present in an emergency facility,	130
who was summoned to the facility by an individual identified in	131
division (C)(2)(a) or (b) of this section.	132

(3)"Emergency facility" means a hospital emergency	133
department or any other facility that provides emergency medical	134
services.	135

(4)"Hospital" has the same meaning as in section 3727.01 of	136
the Revised Code.	137

(5)"Health care worker" means an individual, other than an	138
individual specified in division (C)(2)(a), (b), or (c) of this	139
section, who provides medical or other health-related care or	140
treatment in an emergency facility, including medical technicians,	141
medical assistants, orderlies, aides, or individuals acting in	142
similar capacities.	143

Sec. 2917.11.  (A) No person shall recklessly cause	144
inconvenience, annoyance, or alarm to another by doing any of the	145
following:	146

(1) Engaging in fighting, in threatening harm to persons or	147
property, or in violent or turbulent behavior;	148

(2) Making unreasonable noise or an offensively coarse	149
utterance, gesture, or display or communicating unwarranted and	150
grossly abusive language to any person;	151

(3) Insulting, taunting, or challenging another, under	152
circumstances in which that conduct is likely to provoke a violent	153
response;	154

(4) Hindering or preventing the movement of persons on a	155
public street, road, highway, or right-of-way, or to, from,	156
within, or upon public or private property, so as to interfere	157
with the rights of others, and by any act that serves no lawful	158
and reasonable purpose of the offender;	159

(5) Creating a condition that is physically offensive to	160
persons or that presents a risk of physical harm to persons or	161
property, by any act that serves no lawful and reasonable purpose	162
of the offender.	163

(B) No person, while voluntarily intoxicated, shall do	164
either of the following:	165

(1) In a public place or in the presence of two or more	166
persons, engage in conduct likely to be offensive or to cause	167
inconvenience, annoyance, or alarm to persons of ordinary	168
sensibilities, which conduct the offender, if the offender were	169
not intoxicated, should know is likely to have that effect on	170
others;	171

(2) Engage in conduct or create a condition that presents a	172
risk of physical harm to the offender or another, or to the	173
property of another.	174

(C) Violation of any statute or ordinance of which an	175
element is operating a motor vehicle, locomotive, watercraft,	176
aircraft, or other vehicle while under the influence of alcohol or	177
any drug of abuse, is not a violation of division (B) of this	178
section.	179

(D) If a person appears to an ordinary observer to be	180
intoxicated, it is probable cause to believe that person is	181
voluntarily intoxicated for purposes of division (B) of this	182
section.	183

(E)(1) Whoever violates this section is guilty of disorderly	184
conduct.	185

(2) Except as otherwise provided in division (E)(3) of this	186
section, disorderly conduct is a minor misdemeanor.	187

(3) Disorderly conduct is a misdemeanor of the fourth degree	188
if any of the following applies:	189

(a) The offender persists in disorderly conduct after	190
reasonable warning or request to desist.	191

(b) The offense is committed in the vicinity of a school or	192
in a school safety zone.	193

(c) The offense is committed in the presence of any law	194
enforcement officer, firefighter, rescuer, medical person,	195
emergency medical services person, or other authorized person who	196
is engaged in the person's duties at the scene of a fire,	197
accident, disaster, riot, or emergency of any kind.	198

(d)The offense is committed in the presence of any emergency	199
facility person who is engaged in the person's duties in an	200
emergency facility.	201

(F) As used in this section:

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(1) "Emergency medical services person" is the singular or	203
of "emergency medical services personnel" as defined in section	204
2133.21 of the Revised Code.	205

(2) "Emergency facility person" is the singular of	206
"emergency facility personnel" as defined in section 2909.04 of	207
the Revised Code.	208

(3)"Emergency facility" has the same meaning as in section	209
2909.04 of the Revised Code.	210

(4) "Committed in the vicinity of a school" has the same	211
meaning as in section 2925.01 of the Revised Code.	212

Sec. 2917.13.  (A) No person shall knowingly do any of the	213
following:	214

(1) Hamper the lawful operations of any law enforcement	215
officer, firefighter, rescuer, medical person, emergency medical	216
services person, or other authorized person, engaged in the	217
person's duties at the scene of a fire, accident, disaster, riot,	218
or emergency of any kind;	219

(2) Hamper the lawful activities of any emergency facility	220
person who is engaged in the person's duties in an emergency	221
facility;	222

(3) Fail to obey the lawful order of any law enforcement	223
officer engaged in the law enforcement officer's duties at the	224
scene of or in connection with a fire, accident, disaster, riot,	225
or emergency of any kind.	226

(B) Nothing in this section shall be construed to limit	227
access or deny information to any news media representative in the	228
lawful exercise of the news media representative's duties.	229

(C) Whoever violates this section is guilty of misconduct at	230
an emergency. Except as otherwise provided in this division,	231
misconduct at an emergency is a minor misdemeanor. If a violation	232
of this section creates a risk of physical harm to persons or	233
property, misconduct at an emergency is a misdemeanor of the first	234
degree.	235

(D) As used in this section:

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(1) "Emergency medical services person" is the singular of	237
"emergency medical services personnel" as defined in section	238
2133.21 of the Revised Code.	239

(2) "Emergency facility person" is the singular of	240
"emergency facility personnel" as defined in section 2909.04 of	241
the Revised Code.	242

(3) "Emergency facility" has the same meaning as in section	243
2909.04 of the Revised Code.	244

Section 2.  That existing sections 2903.211, 2909.04,	245
2917.11, and 2917.13 of the Revised Code are hereby repealed.	246